Parent of a British Child Visa UK, Required Documents and How To Apply?

Parent of a British Child or Parent Route

The Home Office established the Parent Route under Appendix FM of the Immigration Rules. The E-LTRPT or E-ECPT sections (i.e. Eligibility Leave to Remain as a Parent or Eligibility for Entry Clearance as a Parent) is meant for adults (over 18) who have a child in the UK. The child must be settled in the UK or be a British Citizen. Where a child is has spent 7 years in the UK continuously such parents can also apply under this route, however such applications can only be made from inside the UK and paragraph EX1 of Appendix FM on the Immigration rules applies, which states, the applicant must prove that it is not reasonable for the child to leave the UK, You can find more information on this route on 7 year child route category. 

You can apply for 10 years or so 5 years parent of a child route. You will be eligible for the 5 year route if you fulfil the English Language Requirement and the maintenance requirment. 

If the child is living with the parent applying for leave to remain in the UK, they will need to establish that they have sole custody of the child. Sole Custody can be given by a court or the other parent may have passed away or nowhere to be found. Sole custody makes the person a primary carer of the child and makes all decisions in connection with the child’s upbringing.

If the parent of the child does not have sole custody or one parent is not allowing or restricting the other parent from having contact with the child then they should obtain a court order to show that they have direct access to the child. This can be done by way of applying for a child contact order from the family court. Before making the application under the Parent of a Child or Parent Route the applicant must get permission of the family court to release the order to the Home Office. 

Alternatively, if the parents have a mutual agreement with the other parent with whom the child lives, confirming that the parent applying for leave to remain in the UK has access to the child/ren, such a mutual agreement can be used to apply for a Parent of a Child route or Parent Route. 

In any event, the parent applying for leave to remain in the UK will need evidence that they have continued to play an active role in the upbringing of the child.

The financial requirements to be met by the parent applying under this route is linked to maintenance and accommodation requirement. Thus the parent should be able to maintain and accommodate themselves and any dependents without recourse to public funds. The formula applied by the rules is - net income (including any benefits) - rent and council tax = an amount equal to or greater than income support for the family of same size. The financial requirement is not applicable if paragraph EX1 of Appendix FM applied which provides exceptions to meeting financial requirement. The exceptions are based on the fact that it is not reasonable for the child to relocate outside the UK taking into account their best interest as a primary consideration. 

Generally, the financial requirment and the English language requirment must be met if you are applying for a 5 year parent of a child route.

Requirements and Eligibility for Parent of a British Child or Parent Route

The parent or parents must meet the eligibility requirement in order to apply under this category: 

• The child is under the age of 18 years; 
• The child must be in the UK; 
• You should not be eligible to make an application as a Partner;
• The parent/s should play an active role in the child's life;  
• If the child is not a British Citizen then the child must have spent at least 7 years in the UK; 
• The applicant parent is the one with whiom child lives or has sole responsibility of the child; or
• If the parents are separated then the applicant parent should have a contact order from the family court;  or 
• There is a mutual agreement between the parents of the child/children in connection with their involvement in connection with the child's life;
• It is not reasonable for the child to relocate anywhere else with the parents; and/or 
• Meet the immigration status requirement unless EX 1 applies; 
• If applying under the 5 year route must meet the financial and English Language requirement; and
• The refusal of the application will amount to breach of Human Rights and affect the child's best interest under Section 55 of the Borders Citizenship and Immigration Act 2009; 

Evidence Required for Parent of a British child Route

Generally the evidence may change according to circumstances of the applicant, however, the general evidence is - 

• Completed application form; 
• Birth certificate for the child; 
• Evidence of active involvement in the child's upbringing; 
• Court order or mutual agreement; 
• Evidence of finances; 
• Evidence of Accommodation; and 
• Any other evidence relevant to your circumtances
• Application fee £1258 
• Immigration Health Surcharge £2,587.50 

If you are unable to afford the fee or are destitute, you can apply for fee waiver.

Once you have made an application under this category you are granted two and a half years (30 months) stay and can apply for settlement after completing 10 years or 5 years dependent on the route you choose and if you are able to satisfy the financial and English language requirment.

If you are looking to make an application under this category, please contact Visa and Migration Ltd on 02034111261.

Parent of a British Child Visa Application process

 The application process is similar to any application, however ot mainly depends on the fact whether you are opting for a fee waiver or not. If you are not opting fopr  the apppliThe application form to complete is FLR (FP). After completing the application form you must pay the appliction fee which is £1258 and Immigration Health Charge of £2587.50. Once the application is submitted you need to upload all the documents via TLS. After the documents are submitted the normal processing timing is 12 months. As a part of validity requirment you must complete the biometric process.

Parent of a British child How to apply?

Generally, all the applications are made online using the www.gov.uk. Application form FLR (FP) must be completed. You must make sure that you meet the validity, suitability and eligibility requirement in order to achieve a successful outcome. Once the application is complete online and you have completed the biometric process the application is genrally passpory on to a considering officer in the Home Office, The applicants must always make arguments in connectiion with Article 8 and the fact that it is in the best interest of the children. 

Frequently Asked Questions 

Q. My child is British citizen and born recently can I apply?

Yes, you can apply as soon as you have the Birth Certificate and British Passport for the child

Q. I live with my partner and child, can I apply under this route?

You cannot apply under this route and must apply under the partner route and make an application under paragraph EX.1 of Appendix FM of the Immigration Rules;

Q. I was with my partner and now separated, can I apply on the basis of my child?

Yes, you can apply under this route on the basis of your chid provided 

Q. Can I combine Parent and Partner route to apply for ILR?

Yes, you can complete a 10 year period with combination of parent and partner route;

Q. My child is over 18 years can I apply?

No, you cnnot make initial application under parent route, however can apply for extension if you were granted initial leave before the child turned 18 years old;

Q. My child lives with his mother, can I apply?

Yes, if you are involved with the child, then you can apply

Q. I cannot afford the Home Office fee, what can I do?

You can apply for a fee waiver

Q. What level of English Language I need to meet for 5 year route?

You must meet the level A 1 requirement for initial application and A 2 for Extension application.